Advice request – Brittania parking – appeal reply

TicTacFreshMint · 31 March at 1:14PM

Hi all,

I’m a newbie to the MSE forum and used the information in the “Newbies Private Parking Ticket post”. (Thank you.)

I appealed to Britannia Parking and have now received a reply. (Text at end.)

Can anyone please help me navigate my next steps? Should I just pay up?!

Thank you!

[I've searched previous posts but can't seem to find anything similar.]

Thank you for your appeal.

This Parking Charge is not POFA compliant, however, payment can still be sought under the old ‘implied-contract-with-the-driver’ rules used prior to POFA.

Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform us of the driver’s details, we will pursue them for the Parking Charge. Please be aware that the identity of the driver does not affect the validity of a Parking Charge.

In addition, should this Parking Charge reach court proceedings, we will put in a request to the judge that the insurance certificate for the vehicle to reviewed as evidence, to determine who was able to drive the vehicle at the time of the contravention.

It is our choice as a car park management company, to decide whether to refer to the Keeper Liability provisions in Schedule 4 of POFA 2012, when we issue a Parking Charge. Not referring to or quoting POFA 2012 on a Parking Charges does not mean that it was not correctly issued.

It is not a requirement that we must notify you of your Parking Charge within 14 days. This only applies if we refer to the Keeper Liability provisions in Schedule 4 of POFA 2012 when we issue a Parking Charge. As we did not, we have 6 months in which we may notify you of the Parking Charge.

We have placed the Parking Charge on hold for 14 days to allow for you to send this information.

Please be aware due to awaiting for additional evidence your appeal response may exceed our 28 day deadline.

Please submit the requested additional evidence or comments through our website using the link below. You will need your Parking Charge Number and Vehicle Registration:

https://www.britannia-parking.co.uk/en-gb/appeal/

Alternatively, you may email your evidence to parkingcharges@britpark.com, ensuring you include your Parking Charge Number and Vehicle Registration, or you can send it by post to our registered head office address. Please be aware email and postal submissions may delay your appeal being reviewed.

Yours sincerely,

Appeals Department

Britannia Parking

Jame4ters · 31 March at 1:24PM

Fist thing do not pay anything

Second thing have a read of the “Newbies” thread as that will continue to guide you.

Also there have been a number of other similar instances recently so try searching the forum.

The insurance certificate thing is a meaningless threat as you don’t have to be named to be allowed to drive a vehicle. Presumably they are going to insist everyone who drives attends the hearing!

The probability phrase is another regularly scene meaningless bit of drivel

Are you able to provide a copy of the original PCN with personal details blanked out?